Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1887-04-08
rae SPECIAL SELECTION.
Concluded from first pagei)

kCOHcWucu yFoM J"St P"yeJ
however, that such appointment would
end with the next meeting Of the Legis-
lature. Speaking Of the intention of the
trainers ofthe Constitution Of the United
States on this subject he said:
"They intend that there shall be the prima-
~ power in the constitutional constituency
OF Senator, which 10 the Legislature, 10 elect
but in their absence. when q vacancy hap
pened which they, not having been assem-
bied. had no opportunity to NIL. and, there,
FORE had no duty to I'LL, the Governor should
appoint until Aev met. and until the time had
come for the exclusive power which the man
datory phrase OF the Constitution imposed
upon the Legislature. which is that they snail
proceed TO fill that vacancy"
But without prolonging this discus
sion further let me in conclusion ask !:
In contemplation Of these expressions
of opinions by the ablest constitutional
lawyers of the country, and Of the Lead
ing statesmen of all political parties, as
to the effect of the approaching meeting
OF the Legislature. and Of its adjourn
ment, without electing Senator, would
Ii be wise, would 1t not be unpardona-
BILE recklessness on the part of the DEM
ocrsts of that body, especially, to take
the hazard of total failure Of represen-
tatiou in the Senate of the United States
except by one Senator) for TWO years,
and risk representation altogether no;
only upon the validity of Mr.. Lucas APP
pointment but the continuing efficacy OF
it, after the Legislature shall have met
and adjourned without filling the va:an-
cy by the exercise Of the power, and the
discharge of the duty which in the opin-
ion of lawyers and statesmen of all par
ties, are imposed upon the Legislature
by the Constitution of the United States.
Why take such risks In relation 20 the
subject when they can be SO plainly and
easily avoided? Why close our eyes to
the danger before us. aud dispose of the
matter in the flippant manner in which
IL is treated by the Vest Virginia Demo-
crat. IL the matter of the validity of
Mr.. Lucas appointment must, rs IL says,
be referred 10 the determination of the
Senate Of the United States, with the
doubts (if you 90 no further). as To the
effect of the omission of the Legislature
to elect, why not be OIL the safe side of
the controversy, and also favor an elec.
ton By the Legislature, and let the va
lidity of that election be decided by the
same ultimate tribunal? If the Legis-
lature cannot elect, the Senate. when the
Senator whom it elects, or tries TO elect
presents his credentials, will say SO. Ii
1t can, and Mr.. Lucas appointment
ceased when the Legislature so elected
we will have Senator ready 10 take his
seat and the whole danger will have
been passed.
Is there any reason why this course
should not be taken?
And yet venture the prediction that
neither those who are seeking TO LOIn,-
nate an announced candidate for the Lee.
islature, nor that candidate himself will
Say that they favor, or that he viii advo-
eate such election if successful, or TIA
he will go into consultation with his
Democratic associates in The Legislature
on that subject ana abide TIE results 81
their deliberation. i.